Maricopa County Recorder faces deadline to testify or risk removal

By
Published  February 17, 2026 4:07pm MST
FOX 10 Phoenix
Loading Video…

This browser does not support the Video element.

Maricopa Board compels sworn testimony from Recorder Heap

The Brief

    • The Maricopa County Board of Supervisors has compelled Recorder Justin Heap to testify under oath Wednesday, Feb. 18, following a yearlong dispute over alleged mismanagement, secrecy regarding election budgets, and technical errors in voter registration data.
    • The board could invoke a state statute to remove Heap from office if he refuses to provide the required testimony, a move supported by U.S. Sen. Ruben Gallego but opposed by Supervisor Mark Stewart, who claims the board has overstepped its authority.

MARICOPA COUNTY, Ariz. - A yearlong power struggle between Maricopa County Recorder Justin Heap and the Board of Supervisors is expected to reach a breaking point Wednesday, when the board has compelled Heap to testify under oath following allegations of secrecy and mismanagement.

Justin Heap

What we know:

The board’s frustration centers on claims that Heap has operated in secret regarding his budget and upcoming elections. Tensions escalated recently when the county’s official X account posted a dramatic, reality-TV-style video with the closing text: "It ends on Wednesday. See you then Justin Heap."

Vice Chair Debbie Lesko, a member of the board, said the supervisors were left with no choice but to demand sworn testimony.

"He won't answer basic questions related to his budget requests. He won't answer questions about signature verification," Lesko said. She further alleged that Heap’s office has made critical errors, including plans to illegally mail ballots to voters who did not request them and misinforming others that their registration status would be changed to inactive.

The other side:

However, Supervisor Mark Stewart announced Monday he is breaking with the rest of the board to support the recorder. Heap has filed a lawsuit claiming the board unlawfully seized control of election duties and deprived his office of resources.

"The voters put Justin in. They put me in, they take us out," Stewart said. "He has not been derelict in his duty."

The board possesses significant statutory authority: Arizona Statute 11-253. The law states that an officer who neglects or refuses to provide a required report can be removed from office by the board, which can then declare the office vacant and fill it.

'Integrity and security'

U.S. Sen. Ruben Gallego also weighed in, backing the board’s authority.

"The county clearly has power and jurisdiction over this and he should listen to them," Gallego said, adding that the steps are necessary to affirm that "the election is safe, its counted correctly, and there’s election integrity and security."

Heap has not responded to multiple requests for comment over the past year.

The Source

  • FOX 10's Ashlie Rodriguez reported on this story by using statements from Maricopa County Board of Supervisors Vice Chair Debbie Lesko, Supervisor Mark Stewart and Senator Ruben Gallego.

Arizona PoliticsMaricopa CountyNewsRuben Gallego